Washington Children's Safe Products Act of 2008 (HB 2647/ SB 6530)

April, 2008

On April 1, 2008, the Children's Safe Products Act of 2008 (HB 2647 / SB 6530) was signed in to law. The bill prohibits the sale of toys and other children's products containing more than 90 parts per million (ppm) lead, or 40 ppm cadmium, or 1000 ppm of any of six phthalates starting July 1, 2009. In November 2008 the Washington State Department of Ecology (Ecology) withdrew agency rule making on the proposed Children’s Safe Products Rule. Ecology withdrew this rule making because of recent federal legislation. H.R. 4040, the Consumer Product Safety Improvement Act of 2008 amends the Consumer Product Safety Act expanding a federal program that addresses many of the same topics as the state law. The federal Act substantially preempts the standards for lead, phthalates, and cadmium in RCW 70.240.

Important parts of this law (RCW 70.240) were not preempted by the federal Act. Ecology and the Department of Health (Health) developed a list of chemicals of high concern for children (CHCC). Beginning in August 2012, manufacturers of children's products must report to Ecology if their products contain these chemicals. Ecology adopted final rules to carry out the reporting requirements of the law in July 2011. Learn more about the act from Ecology’s Children's Safe Product Act website.